SYCAMORE – A Kingston man accused of raping two girls during his birthday party in May 2016 claims one of the victims accused him of rape only after they were caught having sex.
Lawyers for Brenton W. Cleveland, 19, of the 34700 block of Glidden Road, Kingston, argued in DeKalb County court Tuesday that a girl who was 15 when she claimed Cleveland raped her in his bed also had sex with her on-again, off-again boyfriend that night.
Cleveland’s attorneys, R. James Haule and Gary Johnson, want Chief Judge Robbin Stuckert’s permission to introduce evidence including text messages that they say show one of the victims also had sex with her boyfriend that night.
“We believe we can show that she slept in that bed, and possibly had sex in that bed,” Johnson said, “and we don’t think it would make sense for her to do so, in that bed where she claimed something so horrible happened to her.”
Cleveland is charged with sexual abuse and criminal sexual assault stemming from incidents involving two separate victims at his parents’ home in May 2016. The incidents occurred during a party for Cleveland’s 18th birthday, police have said. Cleveland has requested a judge rather than a jury decide the case.
A ruling from Stuckert on a motion to include the victim’s other sexual activity that night is expected Monday. Cleveland’s trial is set to begin May 11, when a witness is to testify for Cleveland’s defense before he is scheduled to report for military duty.
Rape victims’ sexual history generally is barred from being disclosed at trial by Illinois’ rape shield law. The law makes exceptions when the activity involves the defendant or is constitutionally required.
Johnson said only after the victim’s boyfriend discovered her in bed with Cleveland that night did she decide to accuse him of rape.
“She had to come up with a rationale for why they were having sex,” Johnson said. “The lie is that my client forced sex on her.”
Johnson argued that the rape shield law was created to protect victims from harassment.
“We’re trying to do anything but harass this witness,” he said.
Assistant State’s Attorney Alicia Caplan took exception, saying that the texts were nonspecific, and that there’s no proof the victim had sex that night, other than the assault.
“This is a sideshow, and they’re bringing it up to make the victim look bad,” Caplan said.
Both Johnson and Caplan plan to call the boyfriend to the stand, and Johnson said that he plans to call Cleveland, as well.
Opening statements in the first of two bench trials, one for each victim, and the bulk of the testimony is expected to be heard June 26 to 28. The first defense witness is expected to testify at 1:30 p.m. May 11.
If convicted of the most serious charge, criminal sexual assault by force, Cleveland could be sentenced to four to 15 years in prison. He also would have to register as a sexual predator for life.